Sol_140L2620Q0037.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

LDA

BOISE ID 83709

1387 S. VINNELL WAY

BLM ID STATE OFC HR&ADMN (ID953)

0004276356 CODE 16. ADMINISTERED BYCODE

X

X

X

561720

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED ORLDA

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

09/10/2020 1000 MT

08/28/2020

(208) 373-3910Patricia Fort (No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

140L2620Q0037

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 55 0040499958OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

BOISE ID 83705-5389

3948 DEVELOPMENT AVE

BLM-ID BOISE DISTRICT OFFICE*

15. DELIVER TO

BOISE ID 83709

1387 S. VINNELL WAY

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$19.50

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

BLM ID-STATE OFC HR&ADM SVC (ID953)

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Delivery: 09/30/2021 Period of Performance: 10/01/2020 to 09/30/2023

00010 BDO Janitorial Services - Base Year Product/Service Code: S201 Product/Service Description: HOUSEKEEPING-

CUSTODIAL JANITORIAL

Period of Performance: 10/01/2020 to 09/30/2021 Continued ...

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

Patricia Fort

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

55 2 of

SOLICITATION NO: 140L2620Q0037

TITLE: BDO Janitorial Services Page 3

INFORMATION TO PROSPECTIVE QUOTERS

This is a combined Synopsis/Solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. Firm, fixed-price quotes are requested under Request for Quotation (RFQ) Solicitation number 140L2620Q0037. This document incorporates provisions and clauses which are in effect through Federal Acquisition Regulations 2020-08. This solicitation is set-aside for small business under North American Industry Classification System (NAICS) code 561720. The Small Business Annual Receipts for the preceding three (3) fiscal years does not exceed $19.5 Million.

Site Visit:

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) An organized site visit has been scheduled for--

Date/ Time: Thursday, September 10, 2020, 10:00 am MDT Meeting Place: BLM, Boise District Office, 3948 Development Avenue, Boise, Idaho The site visit will start at 10:00AM at the BDO complex and will include a walking tour of the complex and buildings covered under the contract. The site visit will then drive to the Marsing Office at 20 1st Ave W, Marsing, ID 83639. (approx. 40 miles between the two sites) Perspective contractors must drive themselves from the BDO Complex to Marsing Office if they wish to see that building. The road is paved. Arrival time at Marsing Office will be determined by departure time from the BDO Complex but is estimated to be between 1:00PM and 2:00PM.

Point of Contact Brandon Huss (208) 384-3418

Due Date: Thursday, September 17, 2020 at 10:00 am MDT. Quotes will be accepted via Email at pfort@blm.gov. Offerors must be registered and active in the System for Award Management (SAM) database found at https://www.sam.gov.

In accordance with this Solicitation Section 4 - Solicitation Provisions See FAR 52.212-2 Evaluation - Commercial Items

The overall proposal shall consist of a completed Standard Form 1449, completed Bid Schedule, and a detailed work plan that demonstrates the capability to meet the technical aptitude of the Statement of work.

To expedite the handling of your quotation, please check the following items:

❏ Is the unit price legible?

❏ Is the extended price correct?

❏ Have you initialed any changes or erasures?

SUBMIT ONLY REQUESTED ITEMS NOT THE ENTIRE SOLICITATION

https://www.sam.gov/

TITLE: BDO Janitorial Services Page 4

TABLE OF CONTENTS

Section 1: Solicitation/Contract Form See Standard Form 1449

Section 2: Contract Clauses 11

Section 3: List of Documents, Exhibits, and Other Attachments 26

Section 4: Solicitation Provisions 39

TITLE: BDO Janitorial Services Page 5

SECTION 1: BID SCHEDULE

See Section J for additional attachments to include the Bid Schedule.

Offerors are to complete Block 17a and blocks 30 - 31 of the SF-1449.

TITLE: BDO Janitorial Services Page 6

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

BDO JANITORIAL SERVICES

GENERAL REQUIREMENTS

This contract requires the Contractor to provide janitorial services as described below at the Bureau of Land Management Boise District offices in Boise, Idaho and Marsing, Idaho in accordance with the following statement of work. Except as otherwise specified, all work shall be performed outside of the Government’s regular working hours, after 4:30 P.M. and prior to 7:30 A.M. on Monday, Tuesday, Wednesday, Thursday, and Friday. Work may be done on Saturday or Sunday in lieu of Friday work with prior written permission from the Contracting Officer. No work shall be done on a federal holiday. Work may be done the day before a holiday with prior written permission from the Contracting Officer.

The area of work consists of the Main Administrative Office, Fire Dispatch, Fire Fuels, Fire Exercise, Fire Ready Room, Warehouse, Carpenter Shop, and Marsing Office (Owyhee Field Office) Buildings. The Contractor shall furnish labor, supplies, materials, equipment, incidentals, and supervision.

The period of performance shall be one year, from date of award through 12 calendar months, with three one-year option periods (base plus two option years), to provide janitorial service to seven buildings on the Boise District Office Complex and one building in Marsing.

Name of Building Address Approximate Square Feet

Average Occupancy

Main Administrative Office 3948 S. Development Ave, Boise, ID 83705 29587 110 Fire Dispatch 2056 Commerce Ave, Boise, ID 83705 7600 20 Fire Fuels 4180 S. Development Ave, Boise, ID 83705 3926 30 Fire Exercise 2056 Commerce Ave, Boise, ID 83705 2490 40 Fire Ready Room 2056 1/2 Commerce Ave, Boise, ID 83705 2541 20 Warehouse 1962 Commerce Ave, Boise, ID 83705 1300 5 Carpenter Shop 3948 S. Development Ave, Boise, ID 83705 224 5 Marsing Office (Owyhee Field Office)

20 First Ave West, Marsing, ID 83639 3296 25

COMMUNICATION SKILLS

The Contractor, and at minimum a supervisor who is available on-site at all times during work, shall be able to communicate, both verbally and in writing, the English language at a high school graduate level.

GOVERNMENT FURNISHED MATERIALS

The Government will provide keys, keycards, and/or security codes to allow access to each area requiring regularly scheduled janitorial services. Contractor shall assign only those employees who have been issued the keys, keycards, and/or security codes to perform regular cleaning under this contract. Issuance requires that the employee pass a federal background check including fingerprinting. No other personnel shall be allowed into any location covered by the regularly scheduled work under this contract. Work shall not be done in areas which cannot be accessed by the issued keys, keycards, and/or securing codes.

TITLE: BDO Janitorial Services Page 7

CONTRACTOR FURNISHED MATERIALS

All tools, equipment, and other supplies, including but not limited to mops, brooms, dust cloths, cleaning compounds, plastic trash bags, wastebasket liners, toilet paper, paper towels, hand soap, hand sanitizer, toilet seat protectors, air freshener, etc. necessary to accomplish the work specified herein shall be furnished by the Contractor. Vacuums must be capable, or have attachment capable, of cleaning next to baseboards, around and under furniture, and other hard-to-reach areas. All equipment shall be in proper working order, with all safety systems intact, electrical cords shall not be spliced or altered, and training and oversight shall be provided to insure that use of the equipment and materials meet Occupational Safety and Health Administration (OSHA) and other applicable safety requirements. Contractor furnished equipment, chemicals, materials, and supplies shall be stored in janitor closets and lockers designated by the Contracting Officer.

Material Safety Data Sheets (MSDS) documents shall be submitted to the Contracting Officer for all chemicals brought onto the facilities.

DESCRIPTION OF WORK

In general, services shall be performed Monday, Tuesday, Wednesday, Thursday, and Friday in the Boise District Main Administrative Office, Fire Dispatch, Fire Fuels, Fire Exercise, and Fire Ready Room Buildings located at 3948 S. Development Avenue, Boise, Idaho, and in the Marsing Office (Owyhee Field Office) Building located at 20 First Avenue West, Marsing, Idaho. Some items are to be performed less often as specified below.

Three times a week (Monday, Wednesday, Friday) empty all waste baskets. Waste baskets shall be lined with plastic trash bags. Waste paper and trash shall be collected in plastic trash bags and disposed of in receptacles provided outside of buildings. Plastic bags are to be securely tied before being placed in receptacles to avoid debris blowing from the receptacle. Waste containers shall be washed clean of liner leakage.

Three times a week (Monday, Wednesday, Friday) vacuum all carpet and carpet runners not completely obstructed by stored material, furniture, and chair mats. Carpet under these items that can be reached using vacuum attachments shall be vacuumed. Vacuum chair mats. Carpet and rugs shall be vacuumed free of all loose dirt and debris. Spot clean all carpet and carpet runners so that they are free of visible spills, stains, and embedded material.

Five times a week (Monday, Tuesday, Wednesday, Thursday, and Friday) Mop, scrub, and/or wipe and disinfect toilet room floors, wash basins, toilet fixtures, urinals, water closets, shower stalls, adjoining dressing areas, and water fountains. Disinfectant wipe countertops, dispensers (toilet paper, towel, and other), and tile portions of walls and stall partitions. Remove visible hard water scale. Remove finger marks, spots, and smudges from all mirrors.

Maintain adequate supplies of toilet paper, seat covers, and air freshener in toilet rooms; and towels and hand soap in toilet rooms and breakrooms/kitchens. Maintain adequate supplies of hand sanitizer at water fountains.

Five times a week (Monday, Tuesday, Wednesday, Thursday, and Friday) Clean, disinfect, and remove any stains from sinks, tables, and counter tops in all breakrooms/kitchens. Mop or scrub and disinfect breakroom/kitchen floors. Remove visible hard water scale.

Five times a week (Monday, Tuesday, Wednesday, Thursday, and Friday) clean all glass windows, entrance doors, glass panels and glass display cases in lobby and entry areas. All glass shall be wiped clean using approved glass cleaner and left in a bright condition, free of streaks and dust. Disinfectant wipe all lobby area public contact counters (found in the lobbies of the Main Administration Building and Marsing Office Building)

TITLE: BDO Janitorial Services Page 8

Five times a week (Monday, Tuesday, Wednesday, Thursday, and Friday) disinfectant wipe all handrails, stairwell ledges, elevator buttons, common area light switches, common area switch plates, and high traffic door knobs/pulls/handles/push plates. (work is not to exceed 1 hour per night)

All internal 2’ by 2’ and 2’ by 4’ fluorescent building lighting is the Contractor’s responsibility and lamps/bulbs shall be replaced within 24-hours of going out. The Contractor shall not be responsible for electrical problems such as faulty wiring, ballasts that have gone bad, fixtures that are malfunctioning, etc. All non-lamp/bulb electrical problems shall be immediately reported in writing to the Contracting Officer so that the Government can remedy the problem. The Contractor is not expected to replace or stock lamps for government owned tasked lighting (i.e. office cubicle furniture).

QUALITY ASSURANCE

Quality will be validated by customer complaints. BLM employees will report unsatisfactory or no-performance of work to the Contracting Officer’s Representative (COR) or Project Inspector (PI). If validated by the COR, the Contractor will be notified and shall correct the deficiency within 24 hours. If COR and/or PI receives three (3) or more of the same type of complaints during a four month span, a CURE letter will be sent to the Contractor and a meeting with the Contractor, COR, and CO will be arranged to clarify problems. If after the meeting two (2) or more complaints of the same type occur again, and the COR validates them, the contract may be terminated.

EXEMPTED FROM CLEANING

The Contractor is not responsible for cleaning the following:

– Areas that the Contractor does not have the means of access to, by access card or key.

– The exterior of the buildings, but entry and lobby exterior glass is not exempted.

– Furniture and accessories including freestanding and attached to walls and partitions.

– Surfaces otherwise included to be cleaned under this contract but which are not exposed to allow cleaning. Examples include but are not limited to surfaces covered by paper, boxes, furniture, partitions, roll-around mats, memorabilia, posters, files, books, and potted plants. Contractor shall not disturb arrangement of such items.

GREEN REQUIRMENTS

A. Selection of Cleaning Products: The janitorial contractor shall make careful selection of janitorial cleaning products and equipment to comply with the following:

1. Purchase and use green cleaning products and hand soaps that have the following environmentally responsible features:

– Non-toxic

– Contain no phosphates

– Non-corrosive

– Contain no ozone depleting compounds

– Contain no known carcinogens

– Contain no chlorine bleach

– Contain no butoxyethanol

– Contain no quaternary ammonium compounds

– Contain no petroleum distillates

– Non-flammable

– Concentrated for use in cold water

– Safe volatile organic compound levels when diluted; and

– Packaged ecologically in recycled content cardboard boxes and plastic containers to the maximum extent practical

2. Eliminate use of harsh chemicals and the release of irritating fumes.

TITLE: BDO Janitorial Services Page 9

3. All cleaning products must be Green Seal certified, https://greenseal.org/, EPA Safer Choice, (http://www2.epa.gov/saferchoice) formerly known as EPA Design for the Environment certified, or USDA Biopreferred certified https://www.biopreferred.gov/BioPreferred/faces/catalog/Catalog.xhtml

B. Section of Paper Products and Trash Bags and Can Liners: The Janitorial Service Contractor shall select and purchase consumable products that are fully compliant with the recovered/recycled content percentages specified in the Environmental Protection Agency’s Comprehensive Procurement Guidelines (CPG) or be Green Seal certified. Those products include, but are not limited to the following:

– Toilet paper

– Paper towels

– Facial tissue

– Trash bags and can liners

1. A fact sheet that defines the post-consumer recovered content and the total recovered fiber content the paper products must have to be CPG compliant may be viewed at https://www.epa.gov/sites/production/files/2016-02/documents/paper.pdf

2. A fact sheet that defines the post-consumer recovered content trash bags and can liners must have may be viewed at https://www.epa.gov/sites/production/files/2016-02/documents/nonpaper.pdf

3. The table below provides post-consumer and total recycled content information for toilet paper, paper towels, facial tissue, and can liners.

CPG Category Product Minimum Post-consumer Recycled Content

Total Recovered Paper Fiber or Total Recovered Content

Paper products Toilet tissue rolls or sheets

20-60% 20-100%

Paper products Paper towels rolls or sheets

40-60% 40-100%

Paper products Facial tissue 10-15% 10-100% Nonpaper office products Trash can liners 10-100% N/A

4. Prior to the initial stocking of the bathroom with toilet paper, the Lessor/Janitorial Service Contractor will submit samples of at least four different manufacturers’ CPG-compliant toilet paper for approval by the Contracting Officer. This is necessary to obtain consensus on which toilet paper is preferred by the BLM employees.

5. Trash bags and can liners that meet the biobased content established by the U.S. Department of Agriculture’s BioPerferred Program and are a USDA Certified Biobased Product are also acceptable. https://www.biopreferred.gov/BioPreferred/faces/catalog/Catalog.xhtml

6. The contractor shall comply with the provisions in the Federal Acquisition Regulations clauses 52.223-4 “Recovered Material Certification” and 52.223-1 “Biobased Product Certification”.

C. Lighting and recycling of fluorescent lamp tubes and compact fluorescent bulbs: All fluorescent lamp tubes used in the leased space must be T8 low mercury “green” tubes that will pass the Environmental Protection Agency’s Toxicity Characterization Leachate Procedure (TCLP) test for mercury. Fixtures that require screw in bulbs are to use compact fluorescent bulbs. Use of incandescent bulbs is prohibited.

D. All spent fluorescent lamps including lamp tubes and compact fluorescent bulbs must be recycled regardless of whether or not the local landfill will accept them for disposal and regardless of whether or not they are classified as low mercury “green” lamps. Broken mercury lamps must also be recycled. The Janitorial Service Contractor will also accept for recycling spent and broken fluorescent lamps from government lights not serviced under this janitorial contract. The Janitorial Service Contractor is not expected to replace or stock lamps for government owned tasked lighting. A listing of facilities claiming to recycle mercury lamps may be found at the following web site: http://www.lamprecycle.org.

https://greenseal.org/ http://www2.epa.gov/saferchoice https://www.biopreferred.gov/BioPreferred/faces/catalog/Catalog.xhtml https://www.epa.gov/sites/production/files/2016-02/documents/paper.pdf https://www.epa.gov/sites/production/files/2016-02/documents/nonpaper.pdf https://www.biopreferred.gov/BioPreferred/faces/catalog/Catalog.xhtml http://www.lamprecycle.org/

TITLE: BDO Janitorial Services Page 10

E. The transporter of the mercury lamps and the destination facility that recycles them must comply with all applicable state and Federal regulations. The destination facility that will recycle the mercury lamps must be permitted as a Treatment, Storage, and Disposal facility and have an Environmental Protection Agency (EPA) identification number. The offerer’s submission must address the following in regards to recycling of the mercury lamps:

1. Name address and telephone number of the company who will transport the spent lamps for recycling.

2. Name address, and telephone number of the company who actually processes the lamps for recycling.

3. EPA identification number of the destination facility that will recycle the lamps.

4. Documentation from the destination facility proving that they are permitted for the treatment and recycling of mercury lamps by the state in which they are located.

F. The Janitorial Service Contractor must provide a bill of ladling from the transporter and the designated facility upon request from the COTR showing where the spent mercury lamps from the space are being sent for recycling of the glass, aluminum tips, and mercury.

G. New and spent tubes must be stored in the manufacturer’s original packaging that is structurally sound or in appropriate DOT specification packaging to protect them from damage. Broken tubes pose a hazard to anyone cleaning them up because of the released mercury vapor. The packaging must be the same or longer in length than the tubes it is protecting.

H. The packaging in which spent fluorescent lamps are stored awaiting recycling must be labeled “USED LAMPS” and dated showing the date the first spent tube was placed in it.

I. Spent tubes may not be accumulated or stored on site.

TITLE: BDO Janitorial Services Page 11

SECTION 2 - CONTRACT CLAUSES

1. 52.252-2 Clauses Incorporated by Reference (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): https://www.acquisition.gov/browse/index/far#

52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (JUN 2020)

52.204-13 System for Award Management Maintenance (Oct 2018) 52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020) 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) 52.208-9 Contractor Use of Mandatory Sources of Supply or Services (May 2014)

(Contractor-Furnished Supplies which are on the Procurement List maintained by the Committee for Purchase from People who are Blind or Severely Disabled)

52.212-4 Contract Terms and Conditions - Commercial Items (Oct 2018) 52.215-8 Order of Precedence-Uniform Contract Format (Oct 1997) 52.223-2 Affirmative Procurement of Biobased Products under Service and Construction Contracts

(Sept 2013) 52.223-3 Hazardous Material Identification and Material Safety Data (Alt I) (Jul 1995) 52.223-6 Drug-Free Workplace (May 2001) 52.232-18 Availability of Funds (April 1984) 52.232-23 Assignment of Claims (May 2014) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004) 52.236-2 Differing Site Conditions (Apr 1984) 52.242-15 Stop-Work Order (Aug 1989)

2. 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items (Aug 2020)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017)

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004)(Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.] __ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (OCT 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

https://www.acquisition.gov/browse/index/far#

TITLE: BDO Janitorial Services Page 12

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUNE 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

XX (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L.

109-282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (PUB. L. 111-117, section 743

OF DIV. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (PUB. L. 111-117, section 743 OF DIV. C).

__ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020) (31 U.S.C. 6101 note).

__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41U.S.C. 2313).

__ (10) [Reserved].

__ (11)(i)52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (MAR 2020) (15 U.S.C. 657a).

__ (ii) Alternate I (MAR 2020) of 52.219-3.

__ (12)(i)52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (MAR 2020) of 52.219-4.

__ (13) [Reserved] XX (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (MAR 2020) of 52.219-6. (15 U.S.C. 644).

__ (ii) Alternate I (MAR 2020) of 52.219-6.

__ (iii) Alternate II (NOV 2011).

__ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (MAR 2020) (15 U.S.C. 644).

__ (ii) Alternate I (MAR 2020) of 52.219-7.

__ (iii) Alternate II (MAR 2004) of 52.219-7.

__ (16) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)).

__ (17)(i) 52.219-9, Small Business Subcontracting Plan (JUN 2020) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (NOV 2016) of 52.219-9.

__ (iii) Alternate II (NOV 2016) of 52.219-9.

__ (iv) Alternate III (JUN 2020) of 52.219-9.

__ (v) Alternate IV (JUN 2020) of 52.219-9.

__ (18)(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

__ (ii) Alternate I (MAR 2020) of 52.219-13.

__ (19) 52.219-14, Limitations on Subcontracting (MAR 2020) (15 U.S.C. 637(a)(14)).

__ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (MAR 2020) (15 U.S.C. 657f).

XX (22)(i) 52.219-28, Post Award Small Business Program Rerepresentation (MAY 2020) (15 U.S.C. 632(a)(2)).

__ (ii) Alternate I (MAR 2020) of 52.219-28.

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women- Owned Small Business Concerns (MAR 2020) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (MAR 2020) (15 U.S.C. 637(m)).

__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

__ (26) 52.219-33, Nonmanufacturer Rule (MAR 2020) (15 U.S.C. 637(a)(17)).

XX (27) 52.222-3, Convict Labor (JUNE 2003) (E.O. 11755).

__ (28) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2020) (E.O. 13126) XX (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

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XX (30) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).

__ (ii) Alternate I (FEB 1999) of 52.222-26.

XX (31) 52.222-35, Equal Opportunity for Veterans (JUN 2020)(38 U.S.C. 4212).

__ (ii) Alternate I (JULY 2014) of 52.222-35.

XX (32) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

__ (ii) Alternate I (JULY 2014) of 52.222-36 XX (33) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

__ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O.13496).

XX (35)(i) 52.222-50, Combating Trafficking in Persons (JUN 2020) (22 U.S.C. chapter 78 and E.O. 13627).

__ (ii) Alternate I (MAR 2015) of 52.222-50 (22U.S.C. chapter 78 and E.O. 13627).

__ (36) 52.222-54, Employment Eligibility Verification (OCT 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (37)(i)52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners

(JUN 2016) (E.O. 13693).

__ (40)(i)52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (OCT 2015) of 52.223-13.

__ (41)(i)52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (JUN 2014) of 52.223-14.

__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).

__ (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

__ (ii) Alternate I (JUN 2014) of 52.223-16.

XX (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O.

13513).

__ (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

__ (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).

__ (47) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a) __ (ii) Alternate I (JAN 2017) of 52.224-3.

__ (48) 52.225-1, Buy American—Supplies (MAY 2014) (41 U.S.C. chapter 83).

__ (49)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (MAY 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108- 77, 108-78, 108-286, 108-302, 109-53, 109-169, 109- 283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I (MAY 2014) of 52.225-3.

__ (iii) Alternate II (MAY 2014) of 52.225-3.

__ (iv) Alternate III (MAY 2014) of 52.225-3.

__ (50) 52.225-5, Trade Agreements (OCT 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

XX (51) 52.225-13, Restrictions on Certain Foreign Purchases (JUNE 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150).

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__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C.5150).

__ (55) 52.229-12, Tax on Certain Foreign Procurements (JUN 2020).

__ (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (57) 52.232-30, Installment Payments for Commercial Items (OCT 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

XX (58) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (OCT 2018) (31 U.S.C. 3332).

__ (59) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management

(JUL 2013)

(31 U.S.C. 3332).

__ (60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

__ (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

__ (62)(i) 52.242-5, Payments to Small Business Subcontractors (JAN 2017) (15 U.S.C. 637(d)(13)) __ (63)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

__ (ii) Alternate I (Apr 2003) of 52.247-64.

__ (iii) Alternate II (FEB 2006) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.] XX (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

XX (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C. chapter 67).

__ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67).

XX (7) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015).

XX (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of this contract, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

TITLE: BDO Janitorial Services Page 15

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub.

L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222-21, Prohibition of Segregated Facilities (APR 2015)

(vii) 52.222-26, Equal Opportunity (SEP 2015) (E.O. 11246).

(viii) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

(x) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212)

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O.

13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xii) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

(xiii) __(A) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O 13627).

__(B) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627).

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xvi) 52.222-54, Employment Eligibility Verification (OCT 2015) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(xix)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a)

(B) Alternate I (JAN 2017) of 52.224-3.

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792).

Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx.

1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

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3. 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2020)

(a) Definitions. As used in this clause— Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet). Covered foreign country means The People’s Republic of China. Covered telecommunications equipment or services means–

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or (4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means–

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

TITLE: BDO Janitorial Services Page 17

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub.

L.115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

(c) Exceptions. This clause does not prohibit contractors from providing—

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(d) Reporting requirement. (1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause

(i) Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

4. 52.204-9…